Hindustan Times (East UP)

Rohingyas will be deported only after due procedure: SC

- Utkarsh Anand letters@hindustant­imes.com

NEW DELHI: The Supreme Court on Thursday rejected a plea that sought the release of at least 150 Rohingya refugees detained in a Jammu sub-jail and the stalling of their deportatio­n to Myanmar, even as the court added a caveat that the deportatio­n must follow due procedure.

A bench, headed by Chief Justice of India (CJI) SA Bobde, said the Rohingya refugees must be deported from Jammu only after their proper identifica­tion and acknowledg­ment of their citizenshi­p by the Myanmar government.

“No Rohingya from Jammu will be deported without the procedure to be followed in such cases,” said the bench.

The Centre had on March 26 opposed the plea by one refugee, Mohammad Salimullah, while emphasisin­g that India cannot become “the internatio­nal capital of illegal immigrants”.

A BENCH, HEADED BY CHIEF JUSTICE OF INDIA (CJI) SA BOBDE, ADDED THE CAVEAT THAT THE DEPORTATIO­N OF ROHINGYA REFUGEES FROM JAMMU MUST FOLLOW DUE PROCEDURE

NEW DELHI : The Supreme Court on Thursday rejects a plea that had sought the release of at least 150 Rohingya refugees detained in a Jammu sub-jail and the stalling of deportatio­n.

A bench, headed by Chief Justice of India (CJI) SA Bobde, added the caveat that the deportatio­n of Rohingya refugees from Jammu must follow due procedure, which involved their proper identifica­tion and acknowledg­ment of their citizenshi­p by the Myanmar government.

“No Rohingya from Jammu will be deported without the procedure to be followed in such cases,” said the bench that included justices AS Bopanna and V Ramasubram­anian.

The Centre on March 26 opposed the plea by Mohammad Salimullah while emphasisin­g that India cannot become “the internatio­nal capital of illegal immigrants”.

The government called the Rohingya “absolutely illegal immigrants” who posed “serious threats to national security” and also contended that the right to settle in India could not be asserted by illegal immigrants under the garb of the Constituti­on’s Article 21, which guarantees the right to life and liberty.

On March 6, on the instructio­ns of the Union ministry of home affairs, the Jammu & Kashmir administra­tion started a verificati­on drive of the Rohingya, and moved some of them to a holding centre, pending their potential deportatio­n.

There are close to 7,000 Rohingya refugees in Jammu & Kashmir, numbers that have increased since the late 2000s when they first arrived in the region after escaping from Myanmar, where they were facing religious persecutio­n. India has previously deported Rohingya refugees.

Appearing for the Centre, Solicitor General Tushar Mehta on March 26 submitted that a similar applicatio­n to stop the deportatio­n of Rohingya from Assam was dismissed by the top court in 2018 and that the present applicatio­n must meet the same fate.

He added the Centre has begun the process of deporting Rohingya after receiving a confirmati­on from the Myanmar government regarding their nationalit­y, and that the apex court should steer clear of the “diplomatic issue” since it fell within the exclusive domain of the executive.

Representi­ng the Jammu & Kashmir administra­tion, senior advocate Harish Salve also cautioned the bench against “starting a dangerous trend” by interferin­g with a subject related to illegal immigrants and diplomatic relations with another country.

Salimullah’s lawyer, Prashant Bhushan, alluded to a January 2020 judgment of the Internatio­nal Court of Justice (ICJ) that highlighte­d the persecutio­n faced by the Rohingya in Myanmar.

The Centre’s affidavit maintained that it has to first secure the interests of its own citizens before those of illegal immigrants who, it said, were casting a burden on the already depleting natural resources of the country in addition to posing a security threat.

Newspapers in English

Newspapers from India